Proposed Constitutional Amendment in Utah Sparks Debate Over Voter Rights and Legislative Authority

The Utah Supreme Court is set to make a crucial decision regarding a proposed constitutional amendment that could shift power over ballot measures from voters to lawmakers.

This follows a recent ruling by District Judge Dianna Gibson, who determined that the language of the amendment was misleading and did not clearly inform voters about the extent of the authority they would be relinquishing.

The amendment, pushed by Republican legislative leaders, aims to give lawmakers the power to rewrite or repeal voter-approved measures, including those from previous elections.

Critics, including voting rights groups, argue that the ballot summary falsely claims it would strengthen the initiative process, while in reality, it could undermine voters’ ability to enact meaningful legislation.

During Wednesday’s court proceedings, attorney Taylor Meehan defended the amendment’s clarity, asserting that reasonable voters would grasp its intent.

However, Justice Paige Petersen challenged this view, emphasizing that the amendment would eliminate constitutional protections currently in place for voter initiatives.

Mark Gaber, representing the League of Women Voters, countered that voters would not necessarily seek out additional information and that the ballot summary omits critical details, rendering it deceptive.

Regardless of the court’s ruling, the amendment will appear on ballots in November, although it remains uncertain whether the votes will be counted.

This move is seen as an effort to bypass a previous ruling by the Utah Supreme Court that limited lawmakers’ authority over citizen-initiated laws.

Governor Spencer Cox expressed that clear language is essential for informing voters and noted the importance of allowing the public to decide on the amendment.

He refrained from commenting on whether the ballot question was misleading, stating he would await the court’s decision.